Brain-damaged boy’s parents seek millions at High Court

A six-year-old boy who is facing a lifetime of acute disability after hospital blunders during his birth is seeking compensation of millions of pounds at the High Court.

Leo Whiten's mother had planned a home delivery but when things did not go according to plan she was taken to St George's Hospital in Tooting in June 2004.

A catastrophic delay there in delivering the baby boy led to oxygen starvation and brain damage, which mean Leo will need care and support for the rest of his life.

Through his mother, Samantha Nowell, of Tooting, Leo is claiming compensation from St George's Healthcare NHS Trust, which admitted the latter stages of labour were mismanaged and has apologised to the family.

In a High Court hearing expected to last several days, Mrs Justice Swift must decide how much in damages she should award Leo to cover his "pain and suffering", the costs of the care he will need and a lifetime of lost earnings.

Leo comes from a professional family — his mother is a £120,000-a-year analyst on the Lloyd's of London insurance market — and his payout is likely to run into several million pounds.

Ms Nowell, 33, told the court that, despite his disabilities, Leo is a bright little boy who enjoys gardening and scooting around on a special "skate" designed by his father, Simon.

The family's solicitor, Tom Cook, said outside court: "Leo is a delightful little boy but the injuries he suffered at birth mean he will never be able to lead an independent life or work for a living.

"Our aim this week is to secure an award which will provide sufficient funds to ensure Leo can obtain the treatment and care he needs to give him the best possible quality of life, both now and in the future.

"Leo's parents are fully committed to caring for him themselves as far as they are able but, unfortunately, like all parents who have a child with cerebral palsy, they cannot do it all and are aware they will need an increasing amount of help over time. It is vital to ensure now that we obtain and invest funds for this purpose."